§ 26-60. How property of nonresident infant, incapacitated person, or otherperson under physical or mental disability transferred to foreign guardian,conservator or committee.
When any infant or incapacitated person entitled to property or money in thisCommonwealth, resides out of it, a petition to remove such property or moneyto the domicile of such infant or incapacitated person may be filed by hisguardian, conservator or committee, or other fiduciary lawfully appointed andqualified in the state or country of his residence, in the circuit court ofthe county or city in which the property or money, or some part thereof, islocated. If entitlement to such property or money was acquired other than bya will or was acquired by a will that restricts such transfer out of thisCommonwealth, the infant or incapacitated person, and the guardian of suchinfant or the conservator or other fiduciary of such incapacitated personappointed in this Commonwealth, if there is one, shall be made partiesdefendant to this petition. The court shall appoint a guardian ad litem forthe defendant, who, as well as the conservator or other fiduciary, if thereis one, shall answer the petition on oath. Upon a hearing of the case on itsmerits or upon the petition without hearing if entitlement to such propertyor money was acquired by a will that does not restrict such transfer out ofthe Commonwealth, the court may order the fiduciary to pay and deliver tosuch foreign guardian, conservator, committee or fiduciary, or his agent orattorney, all personal property and money in his hands belonging to theinfant or incapacitated person, and authorize the foreign guardian,conservator, committee or fiduciary to sue for, recover, and receive allmoney or personal property which belongs to the infant or incapacitatedperson, including the accruing rents of his real estate, in like manner as ifhe were appointed a guardian, conservator, committee or fiduciary of suchinfant or incapacitated person in the Commonwealth, and remove the same tothe state or country in which the foreign fiduciary was appointed andqualified.
(Code 1919, § 5350; 1968, c. 399; 1983, c. 487; 1997, c. 801.)
§ 26-60. How property of nonresident infant, incapacitated person, or otherperson under physical or mental disability transferred to foreign guardian,conservator or committee.
When any infant or incapacitated person entitled to property or money in thisCommonwealth, resides out of it, a petition to remove such property or moneyto the domicile of such infant or incapacitated person may be filed by hisguardian, conservator or committee, or other fiduciary lawfully appointed andqualified in the state or country of his residence, in the circuit court ofthe county or city in which the property or money, or some part thereof, islocated. If entitlement to such property or money was acquired other than bya will or was acquired by a will that restricts such transfer out of thisCommonwealth, the infant or incapacitated person, and the guardian of suchinfant or the conservator or other fiduciary of such incapacitated personappointed in this Commonwealth, if there is one, shall be made partiesdefendant to this petition. The court shall appoint a guardian ad litem forthe defendant, who, as well as the conservator or other fiduciary, if thereis one, shall answer the petition on oath. Upon a hearing of the case on itsmerits or upon the petition without hearing if entitlement to such propertyor money was acquired by a will that does not restrict such transfer out ofthe Commonwealth, the court may order the fiduciary to pay and deliver tosuch foreign guardian, conservator, committee or fiduciary, or his agent orattorney, all personal property and money in his hands belonging to theinfant or incapacitated person, and authorize the foreign guardian,conservator, committee or fiduciary to sue for, recover, and receive allmoney or personal property which belongs to the infant or incapacitatedperson, including the accruing rents of his real estate, in like manner as ifhe were appointed a guardian, conservator, committee or fiduciary of suchinfant or incapacitated person in the Commonwealth, and remove the same tothe state or country in which the foreign fiduciary was appointed andqualified.
(Code 1919, § 5350; 1968, c. 399; 1983, c. 487; 1997, c. 801.)
§ 26-60. How property of nonresident infant, incapacitated person, or otherperson under physical or mental disability transferred to foreign guardian,conservator or committee.
When any infant or incapacitated person entitled to property or money in thisCommonwealth, resides out of it, a petition to remove such property or moneyto the domicile of such infant or incapacitated person may be filed by hisguardian, conservator or committee, or other fiduciary lawfully appointed andqualified in the state or country of his residence, in the circuit court ofthe county or city in which the property or money, or some part thereof, islocated. If entitlement to such property or money was acquired other than bya will or was acquired by a will that restricts such transfer out of thisCommonwealth, the infant or incapacitated person, and the guardian of suchinfant or the conservator or other fiduciary of such incapacitated personappointed in this Commonwealth, if there is one, shall be made partiesdefendant to this petition. The court shall appoint a guardian ad litem forthe defendant, who, as well as the conservator or other fiduciary, if thereis one, shall answer the petition on oath. Upon a hearing of the case on itsmerits or upon the petition without hearing if entitlement to such propertyor money was acquired by a will that does not restrict such transfer out ofthe Commonwealth, the court may order the fiduciary to pay and deliver tosuch foreign guardian, conservator, committee or fiduciary, or his agent orattorney, all personal property and money in his hands belonging to theinfant or incapacitated person, and authorize the foreign guardian,conservator, committee or fiduciary to sue for, recover, and receive allmoney or personal property which belongs to the infant or incapacitatedperson, including the accruing rents of his real estate, in like manner as ifhe were appointed a guardian, conservator, committee or fiduciary of suchinfant or incapacitated person in the Commonwealth, and remove the same tothe state or country in which the foreign fiduciary was appointed andqualified.
(Code 1919, § 5350; 1968, c. 399; 1983, c. 487; 1997, c. 801.)
